Loading...
1970 02 12 CC Minutes9753 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS February 12, 1970 The City Council of the City of Baytown, Texas met in regular session on Thursday, February 12, 1970 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel Councilman Leonard Stasney Councilman Allen Cannon Councilman Lamar Kelley Councilman C. Glen Walker D. R. Voelkel W. R. Laughlin Edna Oliver Absent: David Evans Don M. Hullum Mayor City Manager City Attorney City Clerk Councilman Councilman The meeting was called to order by Mayor Walker, aftexwhich the Invocation was offered by the Reverend Dan Fowler, First Baptist Church. Mayor Walker then called for the minutes of the regular meeting of January 22, 1970, and special meetings of January 29 and February 3. Councilman Kelley moved to approve the minutes as submitted in written form. Councilman Stasney seconded the motion. The vote follows. Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None Offer - County Commissioner Ramsey County Commissioner V. V. Ramsey appeared, before the Council to submit a proposal for improvement of Baker Road from North Main to Garth Road. This proposal was submitted after the Council had requested him to look at his bud- get and see what the County could do on behalf of the Bond Issue since County roads were included in the streets and thoroughfares portion of the proposed bond issue. He proposed to bear the entire cost of constructing an additional two -lane section of Baker Road fron ting Sterling High School, including the construction of bridge over the Flood Control Ditch, but excluding construction of curb and guttering. Councilman Kelley moved to accept the offer as sub- mitted, and expressed thanks for the prompt response to the request of the Council. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None The Mayor and other members of the Council expressed their thanks to Mr. Ramsey for the prompt and generous proposal. Ordinance Annexing Park Street - Final Reading Councilman Cannon moved to adopt Ordinance No. 1007 -A on final reading, which provides for the extension of the city limits of Baytown to include Park Street from the present city limits to the extension and intersection of Bayway Drive on the southwest. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1007 -A AN ORDINANCE CONTAINING ORDINANCE NO. 1007, INTRODUCED ON THE 7TH DAY OF JANUARY, 1970, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING ± 12.5 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS." PROVIDING FOR THE FINAL PASSAGE OF SAID Minutes, February 12, 1970 4754 ORDINANCE PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS. Defer Action Appointment Urban Rehabilitation Standards Board The Council deferred action upon the appointment of four (4) members to serve on the Urban Rehabilitation Standards Board until the next meeting, regular or called. Amending Code of Ordinances - Providing for Water & Sewer Service Charges - Penalty City Attorney Laughlin reviewed the contents of an ordinance which amended Chapter 31, Utilities to amend the manner in which jointly metered commercial units are bills; to provide for the manner in which combinations of residential dwelling units and commercial units not individually metered for water shall be billed; and Section 31 -58 which provides that each water bill shall have a precalculated due date, which shall be approximately fifteen (15) days from the date the bills are to be mailed. If the water account is not paid by such due date, the customer shall be charged a penalty in the amount of ten(108) percent of the amount of such water charge, which shall be shown as the gross amount on such bill; reservation of right to discontinue service on all past due charges plus provision for sewer ser- vice charge for the jointly metered and penalty charge if not paid within the specified time period. The same cut -off notice will be sent for the water, sewer, and garbage delinquent services. Councilman Kloesel stated he was opposed to the ordinance as he did not want to go to a penalty charge. Following some further discussion, City Attorney asked the Council to decide the date on which the penalty charge will go into effect as this has been left open for the consideration of the Council. Councilman Stasney moved that the effective date he the first billing cycle in April. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None Councilman Stasney than moved that Ordinance 1015 which amended the Code of ` Ordinances to provide for billing, payment, discontinuance of service for water f and sewer charges and providing a penalty for late payment be adopted. Council- man Kelley seconded the motion. The vote follows: Ayes: Councilmen Stasney, Cannon, and Kelley Mayor Walker Nays: Councilmen Kloesel The caption of the ordinance follows: ORDINANCE NO. 1015 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 31, UTILITIES, BY THE AMENDMENT OF SECTIONS 31 -56, 31 -58, 31 -59 (a), 31 -65, and 31 -66; REPEALING SECTION 31 -67, AND REIESIGNATING SECTION 31 -68 AS SECTION 31 -67; PROVIDING FOR BILLING, PAY- MENT, AND DISCONTINUANCE OF SERVICE PROCEDURES: PROVIDING FOR WATER AND SEWER SERVICE CHARGES; PROVIDING FOR A PENALTY FOR LATE PAYMENT OF WATER AND SEWER CHARGES; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance 1018 - Amending the Code of Ordinances - Garbage and Trash Councilman Kelley moved to adopt an ordinance amending the Code of Ordinances by the amendment of Chapter 14, which relates to garbage and trash and provides for the same penalty procedure as shown in the water and sewer services; ten(10 &) per cent penalty when not paid by the due date and providing for discontinuance of service if bill is not paid in full on or before the specified date shown on the discontinuance notice sent to the customer by the City. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Kloesel The caption of the ordinance follows: 4755 Minutes, February 12, 1970 ORDINANCE NO. 1018 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 14, GARBAGE AND TRASH, BY AMENDING SECTIONS 14 -24 AND 14 -25 THEREOF, PROVIDING FOR A MONTHLY GARBAGE SERVICE CHARGE; PROVIDING FOR THE METHOD OF BILLING, PAYMENT, AND COLLECTION; PROVIDING A PENALTY; AND PROVIDING FOR THE DISCONTINUANCE OF SERVICE; REPEALING ORDI- NANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance 1016 - Amending Code of Ordinances - Pollution Control Councilman Kelley moved to adopt an ordinance to provide for pollution con- trol in the City of Baytown by requiring copies of variance applications to be submitted to the City Clerk, providing for public hearings, methods of conducting such hearings and finalizing report of hearings and recommendations to be forwarded to the Air Control Board. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1016 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE ADDITION OF A NEW CHAPTER, TO BE NUMBERED CHAPTER 24�, AND TO BE ENTITLED " POLLUTION CONTROL ", PRESCRIBING A LOCAL REVIEW PROCEDURE WITH REGARD TO APPLICATIONS SUBMITTED TO THE TEXAS AIR CONTROL BOARD FOR THE ISSUANCE, AMENDMENT OR EXTENSION OR VARIANCES; PROVIDING THAT COPIES OF SUCH APPLICATIONS BE FILED WITH THE CITY CLERK; PROVIDING FOR PUBLIC HEARINGS WITH REGARD TO ALL SUCH APPLICATIONS; PROVIDING FOR THE PROCE- DURE OF SUCH PUBLIC HEARINGS; PROVIDING THAT-A REPORT-OF SUCH HEARING AND RECOMMENDATIONS OF THE CITY COUNCIL BE FORWARDED TO THE TEXAS AIR CONTROL BOARD; PROVIDING THAT THIS ORDINANCE SHALL NOT BE CONSTRUED AS BEING IN CONFLICT WITH ANY PROVISION OF THE TEXAS CLEAN AIR ACT; PRO- VIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance 1017 - Discharging Air Rifles - City Limits Councilman Kloesel moved to adopt an ordinance prohibiting the discharge of air rifles or air pistols on public property or across the private property of another. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1017 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17, MISCELLANEOUS PROVISIONS AND OFFENSES, BY ADDING A NEW SECTION THERETO, TO -WIT: SECTION 17 -1.2, SO AS TO MAKE IT UN- LAWFUL TO DISCHARGE AIR RIFLES OR AIR PISTOLS ON PUBLIC PROPERTY OR ACROSS THE PRIVATE PROPERTY LINE OF ANOTHER; PROVIDING FOR A PENALTY NOT EXDEEDING ONE HUNDRED AND N01100 ($100.00) DOLLARS: REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Ordinance 1019 - Public Hearing on Ward Road Improvements - Highway 146 to Kilgore Rd. Councilman Kelley moved to adopt an ordinance ordering the public hearing upon the improvements of Ward Road, from State Highway 146 east to Kilgore Road, to be held by the City Council in its Council Chambers at the City Hall in Baytown, Texas, at 7:00 p.m. on the 26th day of March, 1970 at which time all persons owning or claiming any property abutting said improvements shall be notified to appear and to be heard. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None Minutes, February 12, 1970 4756 The caption of the ordinance follows: ORDINANCE NO. 1019 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF WARD ROAD, WITHIN THE LIMITS HEREINBELOW SET OUT; APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE CITY'S ENGINEER SHOWING THE ESTIMATED COSTS OF IMPROVEMENTS OF SAID STREET INCLUDING ESTIMATES OF THE AMOUNTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING UPON SAID STREET TO BE IMPROVED AND THE OWNERS THEREOF, AND OF OTHER COSTS AND MATTERS RELATING THERETO; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTER- EST IN PROPERTY ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS RELATING THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Committee Reports Councilman Kelley reported that the Insurance Committee has met with the City's Insurance Agents for a review of the ordinance which regulates the Insurance As- sociation. He does have some recommended amendments which will be set forth in an ordinance draft and mailed to the Council for its perusal prior to the regular meeting. In reference to increased liability coverage across the board due to the Torts Claim Act which became effective January 1, 1970, the Committee dis- cussed the increased costs in premium. Presently the City has maximum $100 -300 fleet coverage and $5- $10 -$5 on some exposures. City Attorney Laughlin stated that it was anticipated that the first year's insurance premium would be in the range of $45,000 should the Council decide to go to complete across the board comprehensive liability coverage up to our maximum of $100 -$300. However, the next year's premium quotation would probably be higher because of the experience throughout the State. Since there is a limit to what the City can or should do, Mr. Laughlin stated that he felt that $5- $10 -$5 comprehensive liability was adequate on areas and premises where the City nay anticipate sore occurances which could lead to a claim. He recommended that the City act as self - insured on the extra areas which are not presently covered under $5- $10 -$5 or the fleet $100 -$100 liability coverage. The question will be resolved after the Council has reviewed the ordinance. Ordinance - Public Hearing Proposed Annexation Beach City Councilman Kloesel moved to adopt an ordinance calling a public hearing upon the proposed annexation of a 10 -foot strip around Beach City Community Building. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1020 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF City Manager's Report The Council reviewed the propositions which will be on the proposed Bond Election ballot plus the amounts stipulated since printing must be done within a short time. City Attorney Laughlin reviewed each proposition giving explanation of the terminology and legal significance. Councilman Kelley moved to approve the language of the propositions. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None Mr. Voelkel asked the Council to review the three (3) sets of specifications r which were given with the agenda information. The administration is prepared to proceed with advertising for the vehicles, but will hold off until the Council has had time to review them and submit any changes if they so desire. The Council reviewed the propositions which will be on the proposed Bond Election ballot plus the amounts stipulated since printing must be done within a short time. City Attorney Laughlin reviewed each proposition giving explanation of the terminology and legal significance. Councilman Kelley moved to approve the language of the propositions. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley Mayor Walker Nays: None 4757 Minutes, February 12, 1970 Adjourn There being no further business to come before the Council, the motion was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. &V., ,, Ie� ayo ATTESTED: L'Mj 9ti'� Edna Oliver, City Clerk APPROVED: William R. Laughlin, City Attorney I I